Q: The company I work for is trying to say I'm no longer qualified for my job because of a RA flare up to deny ADA request.
I have worked for the company six months and have received excellent performance reviews. I verbally mentioned I have Severe Rheumatoid Arthritis and there may be periods where I need to take time off. A couple months later HR asked for a ADA letter and letter from doctor. This was provided 2 months ago.
HR never engaged directly in the interactive process. They only said they couldn't accommodate. HR asked me questions via my supervisor rather than me directly.
I have exceeded my allowance for intermittent time off due to an RA flare up which led to my termination.
During a meeting with the Manager and HR the following business day HR was attempting to say I'm no longer qualified because of the flare up to deny ADA.
A: Employers under the Americans with Disabilities law are required to provide "reasonable accommodations," not ALL accommodation, you request. This is a very typical problem in companies. They hire an employee who tells them of a disability, and they hire the person anyway. However, later the employee begins suffering more than they did when they were hired, and now the company is required to allow the employee to take time off when they had no idea, they would need to make that accommodation when the employee was hired. You did not disclose, the type of position you were working? If you had been hired as a policeman and later developed RA and had to take time off, the police department would have cause to fire you because you were not "fit" to carry out the required job performance. If you were a nurse and the only "accommodation" you asked for was to take time off, I believe the hospital would be able to let you go, because, again, you were not able to do what the requirements of the job required you to do.
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